Punjab-Haryana High Court
Union Of India vs Hardev Singh And Others on 8 March, 2018
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
CR Nos.2249, 5965, 5973 to 5980, 8358, 8360, 6060,
9167 and 8991 to 8997 of 2017 (O & M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
109 CR No.2249 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Hardev Singh and others ...Respondents
CR No.5965 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Ajaib Singh through LRs and others ...Respondents
CR No.5973 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Gurmukh Singh through LRs and others ...Respondents
CR No.5974 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Kulwant Singh through LRs and others ...Respondents
CR No.5975 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Pritam Singh through LRs and others ...Respondents
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CR Nos.2249, 5965, 5973 to 5980, 8358, 8360, 6060,
9167 and 8991 to 8997 of 2017 (O & M) -2-
CR No.5976 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Raghbir Singh through LRs and others ...Respondents
CR No.5977 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Prem Singh through LRs and others ...Respondents
CR No.5978 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Rattan Kaur through LRs and others ...Respondents
CR No.5979 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Labh Kaur (deceased) through LRs and others ...Respondents
CR No.5980 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Ajit Singh @ Jit Singh and others ...Respondents
2 of 7
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CR Nos.2249, 5965, 5973 to 5980, 8358, 8360, 6060,
9167 and 8991 to 8997 of 2017 (O & M) -3-
CR No.8358 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Amrik Singh deceased through LRs and others ...Respondents
CR No.8360 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Darshan Singh deceased through LRs and others ...Respondents
CR No.6060 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Gurmeet Singh and others ...Respondents
CR No.9167 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Suchet Singh deceased through LRs and others ...Respondents
CR No.8991 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Waryam Singh deceased through LRs and others ...Respondents
3 of 7
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CR Nos.2249, 5965, 5973 to 5980, 8358, 8360, 6060,
9167 and 8991 to 8997 of 2017 (O & M) -4-
CR No.8992 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Mohinder Singh and others ...Respondents
CR No.8993 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Sukhdev Singh and others ...Respondents
CR No.8994 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Dalbir Singh and others ...Respondents
CR No.8995 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Niranjan Singh deceased through LRs and others ...Respondents
CR No.8996 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Jagir Singh and others ...Respondents
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CR Nos.2249, 5965, 5973 to 5980, 8358, 8360, 6060,
9167 and 8991 to 8997 of 2017 (O & M) -5-
CR No.8997 of 2017 (O & M)
Date of Decision:08.03.2018
Union of India ...Petitioner
Versus
Mohinder Kaur and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr.Chetan Mittal, Senior Advocate with
Mr. Vivek Singla, Advocate,
Mr. Varun Issar, Advocate and
Mr. Arun Gosain, Advocate
for the petitioner-UOI.
Mr. Rakesh Gupta, Advocate
for respondent No.1 in
CR No.2249 of 2017.
Mr. Charanpreet Singh, AAG, Punjab.
Mr. K.P. Singh, Advocate and
Ms. Harleen Kaur, Advocate
for respondent No.2 in CR No.8997 of 2017.
ANIL KSHETARPAL, J.(Oral)
Counsel for the parties are agreed that the issue arising in all these cases are common and all these revision petitions can be disposed of by a common order. Facts are being taken from CR No.2249 of 2017.
Union of India is in the revision petition against the order passed by the learned Executing Court directing payment of interest from the date of delivery of possession while compulsory acquiring the land as per the provision of the Land Acquisition Act, 1894.
Learned counsel for the petitioner has vehemently contended that the Court while deciding reference under Section 18 of the Land Acquisition Act did not either award or decline, the interest on the compensation payable, therefore, the interest has to be calculated from the 5 of 7 ::: Downloaded on - 18-03-2018 03:51:28 ::: CR Nos.2249, 5965, 5973 to 5980, 8358, 8360, 6060, 9167 and 8991 to 8997 of 2017 (O & M) -6- date the judgment was delivered by the Hon'ble Constitution Bench in the case of Sunder vs. Union of India, (2001) 7 SCC 211. He further submits that this position has been clarified by a subsequent Constitution Bench judgment delivered by the Hon'ble Supreme Court in the case of Gurpreet Singh vs. Union of India, (2006) 8 SCC 457.
On the other hand, learned counsel for the respondents has pointed out that the Court while deciding reference under Section 18 did not observe anything about interest. However, regular first appeal was filed in this Court against the judgment passed by the reference Court which was allowed and it was directed as under:-
"In view of the above detailed discussion; the judgment/award of the learned Additional District Judge, Patiala dated 6.4.1998 is modified to the extent that claimants would be entitled to receive a compensation of Rs.92.60 per square yard (Rs.4, 48, 159, 60 per acre) with all statutory benefits under Sections 23 (1-A), 23(2) and 28 of the Act. In view of the above, the appeals R.F.A. No.3745 of 1998 preferred by the State arising from the awards from the awards passed by the learned District Judge in Regular First Appeal No.3531 of 1998, titled Union of India Versus Hardev Singh. Regular First Appeal No.3557 of 1998 titled Union of India Versus Gram Panchayat, Pashiana, and Regular First Appeal No.5745 of 1998 titled Union of India and others Versus Babu Ram and others, are dismissed. However, the appeals preferred
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He submitted that in view of the aforesaid direction the judgment passed by the Court while deciding reference under Section 18 of the Land Acquisition Act, 1894 stood merged with the judgment passed by this Court. He further submitted that once there is a specific direction for payment of interest under Section 28 of the Land Acquisition Act, 1894, the aforesaid contention of learned counsel for the petitioner cannot be accepted.
This Court does not find any substance in the argument of learned counsel for the petitioner as judgment passed by the reference Court under Section 18 of the Land Acquisition Act would stand merged with the judgment passed by this Court while exercising appellate jurisdiction.
A careful reading of the concluding part of the aforesaid judgment passed in appeal, it is clear that the Court had allowed the appeal, modified the judgment passed by the reference Court and granted all statutory benefit by specifically referring to Sections 23 (1-A), 23 (2) and 28 of the Land Acquisition Act. Hence, petitioner cannot now be permitted to argue on the basis of judgment which has already been modified and stands merged with the judgment passed in the first appeal.
In view of the above, this Court does not find any good ground to interfere with the order passed by the learned Executing Court.
Hence, all these revision petitions are dismissed.
08.03.2018 (ANIL KSHETARPAL)
sheetal JUDGE
Whether Speaking/Reasoned: Yes/No
Whether Reportable : Yes/No
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